Sunday, July 12, 2009

"Hurricane" Section 12(2) Approval Discrimination

The Mental Health Act 1983 requires that in those cases where two medical recommendations for the compulsory admission of a mentally disordered person to hospital or for reception into guardianship are required one of the two must be made by a practitioner approved for that purpose under Section12 (2) of the Mental Health Act 1983. Section 12(2) is also desirable for practitioners providing reports to the Court or giving evidence under Part 111 of the Act. Now Strategic Health Authorities have decided that locum doctors can be approved under Section 12(2) for a year while those in substantive posts for five years. It seems they have already forgotten that Dr Shipman was English and not a locum. The nationality is relevant only as far as the fact that the majority of locum doctors are more tanned than others and clearly regarded as dangerous. Doctors in substantive posts are required to produce two references in five years and locum doctors ten references when they seek re-approval under Section 12(2). The initial approval is for five years and is renewed after that period. Locum doctors are required to attend five legal courses for Section 12(2) re-approval and those in substantive posts one course in five years. Read here the criteria as posted by South West Strategic Health Authority: Department of Health was involved in this process but denies approving the above document and refuses correcting it as it is not clear to them what could be illegal about it. Presumably Locum Doctors Association and Equality and Human Rights Commission would have sufficient legal knowledge to spell it out to them. I would not expect GMC to be interested in giving verbal reprimand to all of those doctors who read so called National Criteria for Section 12(2) approval and signed it off so to speak. Some may be sitting on GMC Fitness to Practice hearings already as FTP panellists. When I asked why do they discriminate against locum doctors I was told because locum doctors move around and Section 12(2) Panel loose track of them. They were unable to contact some to remind them that their Section 12(2) is due to expire and some patients were sectioned illegally when doctors thought they were still approved but were not any longer. The solution to this is very simple: electronic register for Section 12(2) Approved doctors that can be accessed at all times and all concerned can check if the approval is valid before accepting section papers and admitting patients into the hospital against their will. All doctors could have free email addresses such as Google email address, so that even if they move they can still be contacted. It is NHS that deletes doctors address after they have moved from one job to another or stopped working within NHS.

Here is the prison record for Hurricane (Rubin Carter):

And here famous Hurricane song by Bob Dylan: One of the best protest songs ever. Here is the listing for doctors who are appearing before GMC Fitness to Practice Panel Yes, an awful lot of foreign names which just shows you how right Sigmund Freud was about "death instinct".

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